Please review the terms and conditions of use carefully, as they govern your use of Herend.ca. The following terms and conditions of use are an agreement (the “Agreement”) between Herend.ca and you. Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Sites. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.

Our Contact Details

Herend Canada 

Canhu International Ltd.

5A Beaver Ave, Toronto, ON M6H 2E9

Phone: +1-647-687-6830

info@herend.ca

A Word About Pricing

Prices shown in CAD do not include taxes. Also the prices shown in USD is for information purpose only.

Shipping/Delivery

All orders, which has been placed at herend.ca are special orders. Every piece is hand crafted and hand painted and goes through 24 stages of production. The production may take up to 3-6 months. We are doing our very best to deliver your order as soon as possible. For all information regarding your delivery please read carefully: https://herend.ca/return-policy/

Return / Return / Cancellation Policy

Each and every items are ordered from Herend Porcelain Manufactury (Hungary), therefore we after you issued your order we always contact to you to make sure that you ordered the piece which you really desired. Please be aware that every Herend piece is an artwork created by the artists of Herend, therefore our pictures are pieces which has already been created in the past. Slight color and shade differences and motif modification might occur. As every Herend piece has been hand painted please be aware that not every line of painting are 100% exact, as no machine has been involved during the painting process. We will do our very best to communicate how your artwork will look lie in real life, and please understand that we cannot accept complaints about the style of painting.

Here’s a short video of the production process: https://www.youtube.com/watch?v=uI3RXIrYc5I&t=6s

All orders are final purchases, no refund is available. We cannot accept any cancellations during production or after the delivery has been successful.

We can only only accept exchange request if it the package is un-opened and proven to be damaged during shipping to your delivery address. If there’s any other issue (damage, loss) with your shipment we accept complains within 24 hours days from the date you received the shipment.  Please send us a photo to info@herend.ca with the bottom stamp of the item and the photo of the broken items in the package.

Your expected delivery time is available in your tracking information which we send you on the day when we issued your parcel. We always make sure someone is home before we send a shipment by sending you a reminder e-mail.

Every piece goes through many stages of handmade and hand-painted artwork, and we order your piece right away so it could arrive as soon as possible to you. The average production time is 3-8 months. Therefore we cannot accept cancellation requests during production.  All orders placed on the website or via phone at 647-687-6830 will be processed once you complete the checkout process. However, we’ll do our best to accommodate you if you need to make changes. Please contact customer service within 24 hours from the date of your order.

Please note that as these items are made to order and they go through 24 different stages of production, accidents may happen. Items may brake during firing, or painting quality problems may arise.  In this case, we would inform you how much the delivery time would extend.

We occasionally allow 50% non-refundable deposit for orders before it has been produced and 50% balance before shipping. Please note, that in the event of 50% deposit has been payed we place the special order and we cannot cancel the order. The 50% balance amount is due before the shipping of the custom-designed item. Please make sure that all your special requests are sent via email. All orders are final purchases.

If you have any questions about our policies please contact us at info@herend.ca or +1-647-687-6830

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Sites. Site Contents Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Herend.ca. The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

Personal Information Submitted Through the Sites

All information you share with us through the Site will be for our sole use and not given to any outside sources.

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax, duty or additional cost will also be applied to the shipping and handling charges. If you have questions about the sales taxes on your invoice, please call us anytime at 1-416-850-8929

Tax Exempt Purchases

If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team at info@herend.caa To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of Herend.ca. Herend.ca has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.

Passwords

You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Disclaimer

THE CONTENT OF THE SITES IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Herend.ca DOESN’T WARRANT THAT THE SITES OR ANY FUNCTION CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Herend.ca EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITES. Herend.ca SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES. Herend.ca doesn’t warrant that the Sites, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Sites’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Herend.ca SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITES; OR (F) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITES.

Indemnification

You agree to defend, indemnify and hold Herend.ca and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, condition or other provision of the Agreement. Dispute Resolution Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Herend.ca agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to CanHu International Ltd. – 736 Spadina Ave Unit 608 Toronto. ON (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. To the maximum extent permitted by law, both you and Herend.ca agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario. General The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Herend.ca’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site. Herend.ca may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Herend.ca ‘s successors, assigns and licensees. Termination These terms are effective unless and until terminated by either you or Herend.ca, Herend.ca also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Choice of Language The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.

Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.